Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1887-10-02

rector that Dan Gulllyer was bis church
warden, and that with his two sons he
kept the church in such repair as made
divine service possible. The clergyman
added, quite simply and with dignity, that
Dan Gulliyer was worthy and religious
man who lived the life of q true Christian.
The sergeant emphasized these replies
one after the other, each with q wave Of
his hand toward the jury, rs much as to
say: You hear this, gentlemen; you will
remember the evidence Of this holy min
lister of religion
The evidence Of the good old man, how
ever, lost it, whole weight when the counsel
for the prosecution asked him one OF two
questions in a different direction.
He said:
al fear, Mr.. Burden, that the lamenta-
BILE eNiguity of yOur income must shut yOu
out from the enjoyment of many Of our
choicest ble5zings-port wine, for iu-
stance"
The rector shook his head sadly.
Il believe that | remember the taste of
port" h. said, but cannot be sure-it
is so long since saw any"
Brandy cannot altogether replace port,
can it," asked the barrister.
1T cannot, " said the rector
Yet | dare say you get brandy, at least
sOmetimes.'
II do said the rector.
AS a present, now? from parishioner?"
81 have il given tD me, " said the rector,
'by my churChwarden, Dan Gulliyer."
81 will not ask you, " said the counsel,
whence you imagine this brandy to be de
rived. ] prefer to think shat you ask no
questions and have no suspicious. Itwould
be too much to believe that 4 divine Of
your 9ge and position should cOuntenance
the practice of smuggling"
Then followed other witnesses and more
fencing
Presently the counsel for the crown
made his speech. II WAS very short
Here, " he said, was q man, with his
two sons, and a stranger, probably hired
hand. Tn" man was we'll known 10 be q
a smuggler-SO well known that he was
afraid Lyme Regis was, to a man, in ALI
ance with him to defeat the ends Of Justice,
and shielded him steadily in his runs TO
and from the coast Of France. lie was
caught, so 10 speak red handed"
IL was impossible to resist the conviction
that the rest Of the kegs which composed
the cargo contained, like the one which
had been opened, brandy. Of course il
was open to any one to maintain the inn
probable. His learned brother might ask
them TO believe that these four men had
crossed the channel and landed on an
enemy's coast. in quest OF potatoes, cab
bages, fruit, butter, or any other Darke-
table article. The undisputed facts were,
that here was man with q fast sailing
craft and a fishing boat hat was the OBJ
iect Of the former That bis most intimate
friends admitted that they received brandy
as present from him. Where did he pro-
cure that brandy? That ne was VIGOROUSLY
a smuggler by profession. As regarded
the evidence Of the man Skirling, the
actual fact could not be disputed, although
the act itself showed low tone OfmOrality,
which all would regret to find existing in
so respectable body ~ the revenue service.
No doubt the gallant officer who had
effected the arrest with so much prOmpti-
tude and courage, although with little
indisCretiOn, wOnld take cOgniZanCe OF the
Otfense in his military capacity. Finally
he asked the jury 10 give n verdict for the
prosecution. aud 80 strike terror into the
hearts Of other evil doors and defers Of the
law.
When our counSel'a turn came he made
a most eloquent and indignant speech.
According 10 him, Dan CULVER, the much
maligned, was an admirable specimen Of
class which Termed, he said, the back bone
Of our country; he was a yeOman, farming
the few acres which formed his paternal
estate, and living lrugally with his sons
and an adopted daughterIn cottage upon
his own land. For fishing purposes he
had two boats, one of them, called the
Dancing Polly, being a remarkably fast
saileT. On this particular night he had
been along the coast picking up, no doubt,
a cargo of butter and eggs. or it might he
fish, and such harmless matters. and pro-
posing to return To Rousdou hav. little
creek or inlet Of the sea Immediately be
low his farm.
Here be- protested against the assump-
ton that the expedition had been across
the channel How eau you prove IT.
How came the suspicion to arise? Was it
likely that IN so small a vessel, at that
stormy perOid Of the year. tOur men would
venture on voyage ~ dangerous? What
is more common than a trading voyage
along the coast? What more reasonable to
suppose than that small farmer with a
taste for sailing and boating should carry
on such trade At least, gentlemen, till
the contrary is proved, You have no right
To suppose that the object Of keeping the
Dancing Polly was q criminal one"
Daniel Gulliver, he went on to say, was
accompanied by the two boys and a
stranger. No secrecy was observed about
the expedition, and some idle OF malignant
person, one of those creeping things which
infest every society OF men, Thought it
worth while to communicate the proposed
voyage to Lieut.. Pollard, that gallant Of
hcer whose discretion was not equal to his
zeal, and whose eagerness to protect his
maiesty's revenue led him to overlook the
fact that you must not arrest q man on
suspicion and charge him with smuggling,
unless yoU can prove it. "For, gentle.
men" he said, what actual proof have
we' This"--he held up the half empty
pint bottle Of brandy-'this is the mighty
proof! A small half pint OF spirit, which
smells TO me, conference.-the took ont the
cork and smelled IL cautiOusly---"'w which
smells TO me, confess, OF rum, rather
than of bTandy--,is all the proof, absolutely
the only proof, that We have. In the dead
ola dark night, a msn, whose object is
theft, hurriedly steals this spirit from the
hole Of the vessel, and swears that he saw
other kegs. the contents Of which are I'M
known. The place is most retired and
secluded. They carry off their prisoners,
the officer never once thinking of examining
the boat. When they back for that pur-
pose there is nothing at all in the boat.
Mind, gentlemen, no one had been there.
Yet the boat was in ballast. That is very
remarkable circumstance. That is very
suspicious circumstance. That Is q cir.
eumstance which in my mind renders en-
tirely valueless the evidence of the man
the chief WitneSs--whOse only value was
that il seemed to afford basis for aSsump-
ton of guilt. Remember, gentlemen,
again, that the only proof Of guilt is halt
pint of rum, or some such spirit, in bot
tle--a half pint--abOut enough to
amuse a gentleman between q bottle Of
port and bedtime; and on that half pint
you are asked to convict this honest, re-
hgious and God fearing yeomaD, with his